Card Range To Study

13 Cards in this Set

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Back

What is "Scienter"?

the degree of knowledge that makes an individual legally responsible for the consequences of his acts; somtimes is made an essential element of a crime and must be proved beyond a reasonable doubt.
Ex. a cop asks you for help and you refuse..KNOWING he is an officer
Knowing you are receiving stolen property

What is the difference between "intent" and "motive"?

Intent is the mental purpose or the design to commit a specific act.
Motive is the cause, inducemnt or reason why an act is committed.

What is a "Strict Liability" crime?

A relatively new type of crime. The govt doesnt have to prove a mental element was involved. They only have to prove that the act was committed.
Usually the punishment is lighter except for narcotics.
Ex: having sex w/someone under age, doesnt matter if they consented or if you knew their age
The defendant is guilty regardless of their state of mind at the time.

What is "Proximate Cause"?

When a crime is committed the state must prove that the wrongful act by the defendant was the "ordinary and probale cause of the harm that resulted".
Ex: you stab someone and they die in the hospital 6 weeks later from hepititus. You are the cause of thier death cuz if you hadnt stabbed them, they wouldnt have been hospitalized in the first place.

If someone is accidentally killed while you are committing a felony, what can you be charged with?

Felony murder

If someone is accidentally killed while you are committing a misdeamenor or other minor offense can you be charged with felony murder?

No - but you can be charged with a lessor offense such as Involuntary Manslaughter IF it can be proved that the harm was the natural and probable consequence of the wrong done by the defendant.
Ex: repeatedly allowing vicious animals to run loose..kills a jogger. Charged w/Involuntary Manslaughter

Can Possession alone be a crime?

Yes: Possession may be 1) actual or 2) constructive
Sole or Joint
Usable amount/Trace Amt/w/in the body or a combination of any of the above

What is "Constructive Possession"?

When a defendant has control over property and objects that are not in his actual possession.
Ex: object may be in his car 2 blocks away, in a desk drawer or a suitcase

Can you be convicted of Carrying if the object is in the trunk of your car parked 2 blocks away?

No, must be in your immediate possession.

Does Possession have to be proved?

No, possession of personal property is presumptive evidence of ownership.

What is a "presumption"?

The first presumptions were common law presumptions created by the courts. The best known is "innocent until proven guilty". It is a rebuttable presumption which means it may be overcome by evidence proving otherwise.

What is "Conclusive Presumtion"?

A statement of substantive law that CANNOT be overcome with evidence. The best known is you cant be convicted of a crime if you are under 7 years old.

What is an "inference"?

A conclusion or deduction that a jury or judge may draw from a fact or a group of facts presented to them.
A common one is that the person intended (desired) the natural and probable consequences of their deliberate acts.